Commonwealth Consolidated Acts

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INTERNATIONAL CRIMINAL COURT ACT 2002 - SECT 113

The things authorised by a search warrant in relation to premises

  (1)   A warrant in force in relation to premises authorises the executing officer or an officer assisting:

  (a)   to enter the warrant premises and, if the premises are a conveyance, to enter the conveyance, wherever it is; and

  (b)   to search for and record fingerprints found at the premises and to take samples of things found at the premises for forensic purposes; and

  (c)   to search the premises for the kinds of evidential material specified in the warrant, and to seize things of that kind found at the premises; and

  (d)   to seize other things found at the premises in the course of the search that the executing officer or an officer assisting believes on reasonable grounds to be:

  (i)   evidential material; or

  (ii)   things relevant to an indictable offence against an Australian law;

    if the executing officer or an officer assisting believes on reasonable grounds that seizure of the things is necessary to prevent their concealment, loss or destruction or their use in committing the crime within the jurisdiction of the ICC or an indictable offence against an Australian law; and

  (e)   to seize other things found at the premises in the course of the search that the executing officer or an officer assisting believes on reasonable grounds to be seizable items; and

  (f)   if the warrant so allows--to conduct an ordinary search or a frisk search of a person at or near the premises if the executing officer or an officer assisting suspects on reasonable grounds that the person has any evidential material or seizable items in his or her possession.

  (2)   If the warrant states that it may be executed only during particular hours, it must not be executed outside those hours.



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